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Last Updated: 26 August 2007
AGREEMENT BETWEEN YOU AND GENERATION EUROPE SAThe Generation Europe Web Site (hereafter referred to as 'the Website') consists of various web pages operated by Generation Europe SA, 123 Chaussée Saint Pierre, B-1040 Brussels (Belgium). These Terms of Use only apply to the Website and do not apply to other websites.
The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.
The Terms of Use and the relationship between you and Generation Europe shall be governed by the laws of Belgium without regard to its conflict of law provisions. You and Generation Europe agree to submit any dispute with respect to the Website or its contents to the personal and exclusive jurisdiction of the courts of Brussels (Belgium).
MEMBER ACCOUNT, PASSWORD, AND SECURITYIn consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information being the 'Registration Data') and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Generation Europe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Generation Europe has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You will choose a user name. A password will be provided to you which you can modify. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Generation Europe immediately of any unauthorised use of your account or any other breach of security. Generation Europe will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Generation Europe or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
USE OF YOUR PERSONAL INFORMATIONAll personal information submitted on the Web Site is processed by Generation Europe SA, 123 Chaussée Saint Pierre, B-1040 Brussels (Belgium). Generation Europe collects and uses your personal information to operate the Web site and to deliver the Services (as defined below) you have requested. Generation Europe also uses your personally identifiable information to inform you of other services available from and activities organized by Generation Europe and its affiliates.
Generation Europe does not sell, rent or lease the personal information you provide to third parties. Generation Europe may share data with trusted partners to help us perform statistical analysis. All such data consists of non-personally identifiable information and all third parties are prohibited from using this information except to provide these services to Generation Europe. They are required to maintain the confidentiality of this information. You are entitled to access and to request correction of your personal information.
Via the use of cookies installed on your local hard drive, Generation Europe keeps track of the pages you visit within the Website, in order to facilitate your use of the Website and to determine what Services are the most popular. You can disable the use of cookies by changing the settings of your browser.
Generation Europe will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Generation Europe or the Website; (b) protect and defend the rights or property of Generation Europe; and, (c) act under exigent circumstances to protect the personal safety of users of Generation Europe, its Website, or the public.
TERMINATION/ACCESS RESTRICTIONGeneration Europe reserves the right, in its sole discretion, to terminate your access to any or all portion of the Website or related services at any time, without notice.
Generation Europe may also terminate or suspend your access to the Website for inactivity, which is defined as failing to log into the Website for an extended period of time, as determined by Generation Europe. Upon termination of access to the Website, your right to use the Services immediately ceases.
Generation Europe shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO UNLAWFUL OR PROHIBITED USEAs a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, notices or any statute. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or any web page within the Website (or the network(s) connected to any element in the Website) or interfere with any other party's use and enjoyment of any element of the Website. You may not attempt to gain unauthorised access to the Website , other accounts, computer systems or networks connected to the Website , through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
USE OF SERVICESThe Website may contain chat areas, news groups, forums, communities, personal web pages, photo albums, file cabinets and/or other message or communication services (the 'Services') designed to enable you to communicate with others. You agree to use the Website only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree to not use the Services to:
a) Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
b) Upload, post, e-mail, transmit or otherwise make available, content or files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
c) Use meta tag searches on the web sites.
d) Advertise or offer to sell or buy any goods or services for any business purpose, unless such messages have received prior approval from Generation Europe
e) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, quoted or cited.
f) Disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the Service are able to type, or otherwise act in a manner that restricts or inhibits any other user from using and enjoying the Service and/or to engage in real time exchanges
g) Harvest or otherwise collect information about others, including e-mail addresses.
h) Violate any applicable laws or regulations.
i) Create a false identity for the purpose of misleading others.
j) Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
k) Harm minors in any way;
l) Impersonate any person or entity, including, but not limited to, a Generation Europe official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
m) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through a Service;
n) Upload, post, e-mail, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
o) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation;
p) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
q) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Generation Europe has no obligation to monitor the Website and the Services. However, Generation Europe reserves the right to review materials posted to a Service and to remove any materials at its sole discretion. Generation Europe reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
Generation Europe reserves the right at all times to disclose any information as Generation Europe deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Generation Europe's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Service. Generation Europe does not control or endorse the content, messages or information found in any Service and, therefore, Generation Europe specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service. Managers and hosts are not necessarily authorised Generation Europe spokespersons, nor do their views necessarily reflect those of Generation Europe.
Materials uploaded to a Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
LINKS TO THIRD PARTY SITESThe Website may contain links to third party Web sites ('Linked Sites'). The Linked Sites are not under the control of Generation Europe and Generation Europe is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Generation Europe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Generation Europe of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
CHAT AND WEB COMMUNITIESTo participate in the Website's Chat and Web Communities, Generation Europe requests that you create a social nickname, which is the name you will be known by to others in those public places.
While participating in chats, communities or other public forums, Generation Europe cautions you against giving out personally identifiable information (such as your name, e-mail and physical addresses, phone numbers, social security numbers, credit card numbers, and bank account numbers) to strangers on-line, which they may use for illegal or harmful purposes.
NO RESALE OF SERVICEYou agree not to reproduce, duplicate, copy, sell, resell or exploit, any portion of the Website or Services, any use of the Website Services, or any access to the Website or Services.
MODIFICATIONS TO SERVICEGeneration Europe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service of the Services (or any part thereof) with or without notice. You agree that Generation Europe shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service of the Services.
DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. GENERATION EUROPE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. GENERATION EUROPE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GENERATION EUROPE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE PRESENT TERMS OF SERVICE.
LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT GENERATION EUROPE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENERATION EUROPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. IN SUCH EVENT, THE LIMITATIONS AND EXCLUSIONS AS REFERRED TO ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
COPYRIGHT AND TRADEMARK:The Website and Services allow you to provide Generation Europe with materials or to post, upload, input or submit materials on the Website (hereafter 'the Materials'). Generation Europe will not compensate you for the use of your Materials. Generation Europe is not obliged to accept any Materials you provide, post, upload, input or submit and may remove any Materials from the Website at any time at its sole discretion.
You warrant and represent that you own or otherwise control all rights to provide Generation Europe the Materials or to post, upload, input or submit the Materials on the Website. By providing, posting, uploading, inputting or submitting Materials, you grant Generation Europe (i) a royalty free license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, translate and reformat your Materials through the Website, and (ii) the right to mention and use your name. You stay the owner of the Materials and the ownership of the Materials is not transferred to Generation Europe. You shall defend and hold Generation Europe harmless against any claim for damages with respect to the Materials you provided, posted, uploaded, inputted or submitted.
Generation Europe respects the intellectual property of others, and requires the users of this site to do the same.
Without prejudice to any copyright on the Materials, the Website and all contents of the Website are: Copyright (c) 2002 Generation Europe SA and/or its suppliers, 123 Chaussée Saint Pierre, B-1040 Brussels (Belgium). All rights reserved.
TRADEMARKS. Generation Europe, Shaping the Future and/or other Generation Europe products and services referenced herein may also be either trademarks or registered trademarks of Generation Europe.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
MODIFICATIONS TO THESE TERMSGeneration Europe is entitled to change these terms of use at any time, provided it will inform you of any change of these terms of use by e-mail or via the Website.
IF YOU HAVE ANY QUESTION CONCERNING THIS AGREEMENT OR YOU WISH TO COMMUNICATE WITH GENERATION EUROPE FOR WHATEVER REASON, PLEASE CONTACT GENERATION EUROPE S.A., 123 Chaussée Saint Pierre, B-1040 BRUSSELS, BELGIUM. |